Traduction de «droit contestable » (Français → Anglais) :

Although a notice of competition gives unsuccessful candidates the specific right of access to certain information concerning them directly and individually so that they may obtain information and documents enabling them to take an informed decision as to whether it is appropriate to challenge a decision to exclude them from the competition, strict observance by the European Personnel Selection Office (EPSO) of that right, both as regards the substance of that right and in respect of the time-limit for responding, is the embodiment of the duties which stem from the principle of good administration, the public right of access to documents ...[+++] and the right to an effective remedy, in accordance with Articles 41, 42 and 47 of the Charter of Fundamental Rights of the European Union.

Documents and, where appropriate, photographs, audio and video recordings, which are essential to challenging effectively the lawfulness of an arrest or detention of suspects or accused persons in accordance with national law, should be made available to suspects or accused persons or to their lawyers at the latest before a competent judicial authority is called to decide upon the lawfulness of the arrest or detention in accordance with Article 5(4) ECHR, and in due time to allow the effective exercise of the right to challenge the lawfulness of the arrest or detention.

Documents and, where appropriate, photographs, audio and video recordings, which are essential to challenging effectively the lawfulness of an arrest or detention of suspects or accused persons in accordance with national law, should be made available to suspects or accused persons or to their lawyers at the latest before a competent judicial authority is called to decide upon the lawfulness of the arrest or detention in accordance with Article 5(4) ECHR, and in due time to allow the effective exercise of the right to challenge the lawfulness of the arrest or detention.

The effectiveness of the right to judicial remedy will be increased, in particular by: laying down the right to appeal against a transfer decision and the right of not being transferred until a decision on the need to suspend the enforcement of the transfer is taken; providing that a person notified with a transfer decision should be granted a reasonable period of time to seek a remedy; laying down the right to legal assistance and/or representation.

These actions include: to challenge a decision of a public authority before a court of law or another independent and impartial body established by law (the right of administrative and judicial review), to ask for adequate and effective remedies, including injunctions, and to challenge acts and omissions by private persons and public authorities which contravene environmental law [20].

(b) are prohibited after completion of the research and development programme from challenging the validity of intellectual property rights which the parties hold in the common market and which are relevant to the programme or, after the expiry of the agreement, from challenging the validity of intellectual property rights which the parties hold in the common market and which protect the results of the research and development;